The auctioneer leads you through the auction and explains at the beginning once more the most important points which you have to consider at the bidding. The auctioneer now names the individual objects according the catalogue numbers and the limit. You bid by giving a clear hand-sign. Should you by any chance have been overlooked make yourself be noticed by a call. Each bid goes about 10% beyond the former one. The acceptance of a bid is effected by the words "Zum Dritten" and the hammer blow.

In an auction you have the possibility to bid by telephone. In writing you inform the Kunst & Auktionshaus Eva Aldag in which object you are interested. The telephone number where you can be reached during the auction is important. We call you directly from the auction hall before the requested object is auctioned and you bid by telephone.

If you have no time to take part in the auction personally you can give a written bid in advance. In this you note the highest bid you are willing to give. We guarantee the acceptance of your bid even at a lower bid than yours if there is no higher bid. When there are two bids in advance at the same price level the time of your arrival is decisive. You have priority to the bid at the same price level in the audience.

A feature in an auction is that yourself can name the price you are willing to pay. The limit serves as orientation. It is possible to bid under limit. We accept these bids with reservation if they do not fall below 10%!

When you pay by bank transfer from a country which is not in the European Community, you have to pay a bank commission of at least EUR 13,00.
Die Ware bleibt bis zur vollen Bezahlung Eigentum des Auftraggebers.
Payment by cheque or Credit-Card is not possible.

The costs of packing are depending on the size and material of the object. Normally between EUR 5,00 and 10,00, extravagant till EUR 50,00 plus Tax (glazed pictures which have to be packed costly with air cushion foil or fibreboard. Costs to a foreign country or for the delivery of furniture can be given on request.

The Auctioneer will sell the objects of art handed over to him by Deliverer by way of auction. In selling these objects the Auctioneer will act in the name, on behalf and for account of Deliverer. The Auctioneer will carry out the auction on the basis of the Conditions of Auction as set out under "B". By giving the mandate to sell to Auctioneer, Deliverer acknowledges that Auctioneer will carry out the auction in application of the rules of the Conditions of Auction.

For the sale of the objects the Deliverer agrees to pay the Commission as set out under clause 5 (1) as well as additional auction fees as set out under clause 5 (3).

More details of these general obligations are set out in the conditions as follows.

§ 2 Objects of Art

Deliverer hands over to the auctioneer objects of art as described in this agreement for sale in an auction.

Deliverer will make available to the auctioneer all documents which relate to the objects of art and are necessary for the sale, e.g. expertises and professional opinions, in original form.

The objects of arts remain sole property of Deliverer until they are sold in the auction.

Deliverer warrants and declares in lieu of an oath to the Auctioneer that, with respect to the objects of art, he has good and marketable title or has lawful authority to act on behalf of the owner.

§ 3 Delivery

Deliverer has to deliver the objects of art at the place of business of the auctioneer. Costs of delivery will be borne by Deliverer.

Risk of damage or destruction of the objects of art remains to be borne by Deliverer even if the objects have been delivered to the Auctioneer unless Deliverer proves that the damage or the destruction of the objects is caused by wilful misconduct or gross negligence of Auctioneer.

§ 4 Setting the Price

The objects of art will be offered in an auction at a price as estimated by Auctioneer. This estimated price will be communicated to Deliverer in writing.

In case the Deliverer requests a valuation or a professional view by an officially appointed and sworn valuer auctioneer will appoint such person. Costs will be on account of Deliverer.

Auctioneer and Deliverer may agree on minimum prices (limits) for each object of art. In case the highest bid in the auction is below this minimum price Auctioneer may sell the object under the reservation that Deliverer will agree to the lower price. After the first auction the minimum price will be reduced by 15 %, after the second auction by 25 % of the original minimum price. In case of a second or third auction the sale at a price which is 15 or 25 % respectively lower than the original minimum price need not to be made under reservation.

§ 5 Commission

Auctioneer will charge Deliverer for each object of art sold a commission of 20 % of the sales price plus Value Added Tax. The provision is due at the time of the sale of the object.

The Commission has to be paid even if the sales contract between Deliverer and Buyer is disputed or is not fulfilled for other reasons whatsoever.

In addition to the commission Auctioneer has the right to claim refund of expenses he has made in proper preparation of the auction and sale of the object. These expenses include especially costs of transport and storage, photographs and other costs of advertisement including the description in the catalogue. Insurance of the delivered objects of art will be made on request and at the cost of Deliverer.

Auctioneer is obliged to enter into a framework contract made with VG Bild-Kunst, under which the "Ausgleichsvereinigung Kunst" can claim a percentage of the sales price for each object of art created after the 01.01.1900. This percentage, which is yearly established, amounts presently to 5 %. This levy covers the "Urheberrechtsabgabe" as per § 26 Urheberrechtsgesetz as well as a contribution to compulsory social security insurance of artists. Auctioneer will deduct this amount from the sales price on behalf of Deliverer as an amount simply passing through the books of Auctioneer ("durchlaufender Posten").

§ 6 Announcement of Auction
Auctioneer shall advice Deliverer of date, location and time of the first auction of his objects of art. Second and third auction, and, if applicable, further auctions will be advised on request of Deliverer.

§ 7 Duration and Fulfilment of Contract

The mandate ends generally with the sale of the objects of art. Within three months after the end of the auction Deliverer will receive a statement of accounts and the purchase price under deduction of the commission as set out under § 5 (1) and the expenses as set out under § 5 (3), but only to the extent that Buyer has paid the sales price within three months to Auctioneer. In case Auctioneer has already handed over the object of art sold to Buyer prior to the payment of the purchase price Auctioneer will safeguard Deliverer to that extent. However, Auctioneer is entitled to hand over the object of art sold to Buyer against a cheque guaranteed by a bank and will not safeguard Deliverer in this case.

Are objects of art not sold within 6 months after delivery because the minimum price could not be achieved and a sale under reservation, which was possible, failed because Deliverer did not give his consent, Auctioneer may, in addition to the commission agreed and the refund of expenses spent, claim as compensation 15 % of minimum price plus Value Added Tax. In addition, Deliverer is obliged, to withdraw objects of art which could not be sold within four weeks after advice by Auctioneer. After elapse of this period the obligation of Auctioneer to store the objects and, if applicable, to keep them insured, ends. The objects of art not withdrawn in time will be stored only at the cost and sole risk of Deliverer. The costs of storage amount to 1 % of the minimum price for each month (counting a month which has begun as a full month) plus value added tax, however at least 30,00 € plus Value Added Tax per month.

In addition, Auctioneer may sell objects of art, which could not be sold in an auction, outside an auction ("freihändig"). In this case the "Conditions of Auction" as set out under "B" hereinafter shall apply analogously.

Without any further conditions Deliverer may at any time withdraw the objects of art and, by these means, cancel the mandate. Exception is, however, withdrawal during a running auction; beginning with the publication or dispatch of the auction catalogue a withdrawal of the objects is excluded. In case of withdrawal of the mandate the Deliverer has to pay 25 % the minimum sales price plus Value Added Tax and in addition all expenses and costs incurred.

§ 8 Liability

Auctioneer is not liable for damage to objects of art which existed already on the date of delivery to Auctioneer and/or are not visible from the outside.

Auctioneer is not liable for loss, damage or other harm of the objects of art in his custody caused by coincidence, by light or medium negligence or by circumstances, which could not be prevented by the carefulness of a prudent business man.

Auctioneer is not liable for damage to the objects of art by third persons, who were consulted by Auctioneer on demand of Deliverer or by Deliverer himself in order to execute the mandate to sell. This shall apply if the damage by the third person was caused in the rooms of Auctioneer as well as if the damage was caused in the rooms of the third person.

In those cases, in which the liability is not excluded it is limited by the amount of the estimated or the agreed selling price, or the selling price as advised by an expert.

Auctioneer is entitled to insure the objects of art on account of Deliverer against fire, theft, damage or other harm.

§ 9 Reservation of Withdrawal
Auctioneer reserves the right to withdraw from the mandate to sell if it emerges that Deliverer has given false information on his right to sell the objects of art. The same applies regarding false information on the qualities of the objects of art which have such a weight that they can, in the same way as false information on the right to sell, shake the confidence of Auctioneer in the respectability of Deliverer and therefore in the orderly completion of the mandate to sell. The withdrawal will be affected by written notice to Deliverer. Auctioneer may claim in this case payment of a provision as per § 7 (4). With respect to the obligation to collect the objects of art § 7 (2), sentences 2 – 5 shall apply. Auctioneer has the right of retention with respect to the objects of art until payment has been effected. If payment is not effected within 8 weeks after the withdrawal from the mandate to sell and the date of invoice Auctioneer is entitled to sell the objects of art at a price of 20 % of the estimated value outside an auction. Estimated value is the market value of the faulty objects of art.

§ 10 Contract in Writing
There are no additional orally agreed clauses to this mandate to sell. Each change and amendment has to be agreed in writing. This also applies to the cancellation of this clause for contract in writing itself.

§ 11 Place of Fulfilment, Jurisdiction
Place of fulfilment and place of jurisdiction for contracts is Buxtehude if both parties are business men.

§ 12 Effectiveness of Clauses
If one of the clauses set out above is wholly or partly ineffective the other clauses shall remain in force. In addition to these clauses the contract clauses as set out hereinafter under "B" shall apply.

B. CONDITIONS FOR AUCTION

By the participation in the auction in person, in writing or by telephone, as well as by participation in the sales after the auction and in the sales without an auction Buyer explicitly accepts the Conditions for Auction as set out hereinafter.

§ 1 Parties to the Agreement
Auctioneer Eva Aldag (hereinafter referred to as "Auctioneer") auctions the objects of art which are offered in an auction in the name and on behalf of the Deliverer. Parties to the agreement of the object of art to be sold are exclusively Deliverer as seller on the one side and Bidder as buyer on the other side.

§ 2 Objects to be auctioned, Warranties and Liability

The objects of art offered in the auction are normally second-hand objects. Prior to the auction they can be looked at and checked. In addition, documents relating to the objects, e.g. expertises, expert valuations etc, provided by the Deliverer can be looked at.
The auction of the objects of art will be effected in that condition in which they are at the time of the acceptance of the bid. Warranties according to the legal provisions for sale between the parties are excluded in accordance with § 444 BGB (Bürgerliches Gesetzbuch – Civil Code).

Descriptions of the objects of art in the catalogue, corrections of these descriptions and other remarks to the objects of art do not constitute an assurance or guarantee. The same shall apply to other detailing or descriptive statements, especially attributions to an artist, measures, weights, completeness, origin, periods etc. Assurances and guarantees have to be put in writing and have to be expressively named as assurance or guarantee ("Es wird zugesichert/garantiert, dass …"). Verbal statements to the object of art are under no circumstances assurances or guarantees.

Auctioneer reserves the right to correct or to amend the description in the catalogue. These corrections or amendments will be effected by written announcement posted in his place of business or by oral statement immediately prior to the auction of the object of art in question. These corrections and amendments are made on behalf of Deliverer. They do not have the character of an assurance or guarantee with respect to the object of art either, unless an assurance or guarantee is made expressly and in writing.

An own liability of Auctioneer for damage, repayment of provisions or fees etc. is excluded, unless Auctioneer has concealed a fault of the object of art against the rules of bona fide or has not realised the fault due to gross negligence. The same applies to the completeness and correctness of the documents relating to the objects of art as provided by Deliverer. Liability of Auctioneer for light negligence is completely excluded. Auctioneer is not obliged to check the statements of Deliverer with respect to correctness of the content, unless the statements of Deliverer with respect to the objects of art are so obviously false that Auctioneer could not help suspecting the falseness. The same applies to expertises, expert views etc as provided by Deliverer. In the absence of direct indications to the falseness of these documents Auctioneer is not obliged to make inquiries into authenticity and genuineness.

§ 3 Person of Bidder, Bids by Telephone and in Writing

Each Bidder buys in his own name and on his own account, i.e. he is personally liable for the orderly completion of the sale. Bidders unknown to Auctioneer have to proof their identity to Auctioneer prior to the auction. In case Bidder intends to bid in the auction in the name and on account of a third person he has to communicate this fact in writing to Auctioneer at least 24 hrs prior to the auction. This communications has to include full name and address of the third person. In addition, a written power of attorney in original form has to be added. If Bidder does not comply with one of these preconditions he will become personally party to the sales contract concluded by knocking down the lot by Auctioneer.

Is Bidder not able to attend the auction personally, or doesn’t he want to be present, he has the possibility of a written bid or of bidding by telephone. In both cases it is precondition for a valid bid that Auctioneer has received them at least 24 hrs prior to the auction.

A written bid has to contain the catalogue number as well as the maximum price the bidder is prepared to bid. This maximum bidding price does not contain the provision of Auctioneer and the Value Added Tax. These elements will be added, therefore increasing the maximum bidding price. Exclusively decisive is the catalogue number, not the description of the object of art resp. the registration. A bid given in writing is binding and irrevocable. It is valid for the duration of the auction and another six weeks thereafter. The request for bidding by telephone must be brought in in writing as well and must have been received by Auctioneer at least 24 hrs prior to the auction. The bidder who wants to bid by telephone has to indicate, beside the catalogue number of the object he wants to bid for, a telephone number, under which he is accessible during the auction and the calling in of the catalogue number. Bidding by telephone for specific objects of art is only possible if the catalogue price is at least 100,00 €. With the request for bidding by telephone the Bidder agrees that the telephone conversation during the auction is recorded. In case that the telephone connection cannot be achieved or is interrupted during the auction of the respective object of art auctioneer is mandated to bid on behalf of the bidder by telephone up to the estimated price for the object of art as stated in the catalogue of the auction, unless the bidder by telephone has set a lower or higher price limit in his written request. Also in the case of bidding by telephone the price on which the object is knocked down resp. the price set as limit by the bidder does not contain provision and Value Added tax, which have to be added to the price.
Bids in writing or by telephone are used during the auction with that amount which is necessary to outbid other bids.

The written requests for bidding in writing or by telephone are binding offers, which, however, do not create a right of acceptance for the Bidder. Auctioneer is free to use the bids in writing or by telephone or to refrain from it. In case of bidding by telephone Auctioneer does not guarantee the orderly carrying-out of the bidding by telephone in technical respects. This applies in particular to the achievement or the maintaining of the telephone connection. Auctioneer is in addition not liable for communication errors. Auctioneer may make it a precondition for the acceptance of Bidder who do not attend the auction personally, but want to bid in writing or by telephone, that they send in a cheque approved by a bank at the amount of their maximum bid, in absence of quotation of a maximum bid at the amount quoted as normal price in the catalogue.

§ 4 Order of Auction

The call of the objects of art contains principally the catalogue number and the estimated price as quoted in the catalogue. Auctioneer is entitled to combine or split up catalogue numbers, to offer them in changed sequence or to withdraw them. Every bid increases the estimated price by 10 %. A bid for a catalogue number remains valid until the definite acceptance of a bid for the object of art in question.

The lot is knocked down after three calls to the bidder of the highest bid. The acceptance of the bid commits the bidder to take off the object of art sold. In case the bid does not reach the minimum price auctioneer is entitled to accept the bid under reservation. In case of an acceptance under reservation the bidder is bound to the bid for four weeks beginning with the day of the acceptance under reservation of his bid. The bid becomes invalid if the bid is not accepted without reservation within this period. The acceptance under reservations becomes final if Auctioneer confirms the sale in writing within four weeks after acceptance of the bid under reservation. Sending of an invoice or request to take off the object of art is deemed to be a confirmation.

Auctioneer is entitled to refuse acceptance of a bid. He is also entitled to reject a bid. In this case the previous bid remains valid. Is the same bid brought in by more than one person the acceptance is decided by casting lots. In case disputes arise on an acceptance of a bid Auctioneer may in his discretion repeat the acceptance in favour of one bidder or to call the object of art again for auction. Auctioneer is entitled to cancel an acceptance and to call oit the object of art again, if erroneously a higher bid brought in in good time was overlooked and the bidder has objected to the acceptance immediately or if doubts on the acceptance arise for other reasons.

If the bidder of the highest bid denies his bid Auctioneer is entitled to accept the bid irrespective of the denial and to claim the rights stemming from the acceptance. He is also entitled to accept the forgoing lower bid or to call out the object again.

If a bidder has his residence or principal place of business in a foreign country Auctioneer is entitled to make the acceptance dependent on the immediate handing over of a cheque at the amount of the accepted bid and provision including value added tax. Is the foreign bidder not able to hand over a cheque for the full amount acknowledged by a bank Auctioneer may cancel the acceptance. In this case § 4 (3) shall apply.

§ 5 Sales Price and Settlement Date

The accepted bid is the net sales price for the object of art. In addition, a provision of 20 % (plus Added value Tax of presently 19 % on the provision) is charged.

In case a sales contract between the parties will not realise due to cancellation of the contract or withdrawal of one party from the contract Auctioneer remains entitled to claim the provision plus Added Value Tax. The same applies if the contract is disputed by Auctioneer.

The sales price and the provision fall due immediately at the time of acceptance of the bid. Payment has to be effected in cash or by money transfer. The payment has to be made to Auctioneer who is entitled to collect the sales price. Sales price and provision incl. Value Added Tax have to be credited to the account of Auctioneer after 14 days after the day of the auction at the latest. The timeliness of the payment is constituted by the day the amount is credited on the account of Auctioneer. If the payment term is not kept Buyer is deemed to be in default without further preconditions.

In case of bids in writing or by telephone payment is due within 14 days after date of invoice.

Auctioneer is entitled to check and, if necessary, to correct invoices which are made out during or immediate after the auction. This entitlement of Auctioneer does create rights neither for Seller nor for Buyer.

Auctioneer is not obliged to accept payment in foreign currency. In case he accepts this payment, losses due to differences in exchange rates and bank fees are for account of Buyer.

In any kind of default of payment default interests are charged at the rate of 5 percent-points above the basis interest rate according to § 288 (1) BGB.

§ 6 Transfer of Risk and Take-off of the Object

At the time of the acceptance of the bid the risk of destruction or of damage by accident of the purchased object of art is borne by Buyer. Title to the object of art sold is transferred to the Buyer only after complete payment of the purchase price is received. Until full payment of the purchase price Auctioneer exercises his right of retention in favour of Seller. Auctioneer has the same right as long as his provision plus Value Added Tax is not paid.

Buyer is committed to immediately take off the object of art purchased. In case Buyer wants the object of art purchased to be transported to a different location cost of transport and risk of destruction resp. damage of the object of art is borne by Buyer. In case Buyer does not take-off immediately the object of art purchased and does not collect it from Auctioneer resp. organises the transport Auctioneer is entitled to store the object of art himself or by a third person in the name and on account of Buyer. A liability for destruction or damage of the object of art during the storage caused by the violation of the obligation to take-off of the object by the Buyer is excluded, unless the destruction or damage is caused by wilful actions or gross negligence of Auctioneer.

§ 7 Enforcement of Rights

Auctioneer is entitled to sue Buyer for payment of the total claim of the Seller in his own name in form of or outside of court proceedings, and to collect the amount due. Auctioneer can claim the cost of collecting the amount due from the Seller and can charge them to the Buyer in fault of payment.

Is Buyer in fault of his obligation of payment or of take-off of the object purchased Auctioneer may, in his discretion, may claim fulfilment of the contract or, after a last date for fulfilment set by Auctioneer has unsuccessfully elapsed, claim damage due to non-fulfilment. The amount of the damage may be calculated in such a way that the object of art is auctioned again and the original Buyer, who is in fault of fulfilment, has to pay the difference between purchase price of the first auction compared with the purchase price of the second auction. In addition Buyer who is in fault of fulfilment has to pay the provision of Auctioneer and all other cost of Auctioneer which may have fallen due with respect to the second auction. Buyer in fault of fulfilment has no right to claim a difference between the original purchase price and a higher price of the second auction.

§ 8 Additional Clauses, Contract in Writing
Beside these Terms and Conditions for the auction there are no additional clauses orally agreed. Every change of or amendment to these Terms and Conditions have to be agreed in writing. This also applies to the cancellation of this clause for contract in writing itself.

§ 9 Place of Fulfilment, Jurisdiction
Place of fulfilment and place of jurisdiction for contracts is Buxtehude, if both parties are business men.

§ 10 Applicable Law
German law shall apply. The rules of the common international sales law ("Einheitliche Internationale Kaufrecht") shall not apply.

§ 11 Sales outside an Auction
These Terms and Conditions for Auctions shall apply by analogy for sales outside an auction.

§ 12 Effectiveness of Clauses
If one of the clauses set out above is wholly or partly ineffective the other clauses shall remain in force. Instead of the clause which is ineffective such a rule shall apply which comes closest to the ineffective clause using prudent and fair judgement. In case of doubt German law for sales contract and, with respect to the provision, German law for brokers shall apply.

C. CONFLICT OF CLAUSES

In case the clauses of this English version of the Terms and Conditions differ from those of the German version, the clauses of the German version shall apply.

Many years of experience and our international circle of customers guarantee that the delivered objects will be presented to a selected big audience. Detailed descriptions by us of the objects and the pictures in our catalogues optimise your sales chances.
Our experienced experts and valuers will voluntarily give you advice, competently and without any costs.
You can get in touch with us by the Sales-Form.